Pettes v. Jones’s Empirical Analysis

Citation profile

10 federal appellate · 16 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * this is an action for negligence, and negligence is defined to' be a failure to do what an ordinarily prudent person would' have done under the circumstances, or the doing of that which an ordinarily prudent person would not have done under the circumstances. “ * * * the standard of care and diligence required by law of both the plaintiff and the defendant is the same. It is ordinary care and diligence, and that care and diligence is the care and diligence which every prudent man takes of himself, his property, and which he extends, and is required to extend or accord, to other persons and their property, or that care and diligence which every prudent man would exercise under similar circumstances and like surroundings. The absence of such care and diligence is negligence. * * * (5) “Before the plaintiff can recover * * * she must establish by a preponderance of the evidence in this ease * * * to your reasonable satisfaction, the truth of the several material allegations * * * denied by the defendant. If the plaintiff has so established the truth of said material allegations, then plaintiff is entitled to recover in some amount, not to exceed the amount claimed in the complaint, unless she cannot recover under the instructions hereinafter given you as to contributory negligence. * * * (7) “ * * * the proximate cause of an injury is that cause which in natural and continuous sequence unbroken by any efficient intervening canse produces the injury without which the resu”

   1 later decision quote this exact passage
   e.g. Bass v. Dehner